Comparing Legal Cultures in Europe
Comparing Legal Cultures in Europe
SÖREN KOCH
JØRN ØYREHAGEN SUNDE
MARIUS M. KJØLSTAD (EDS.)
Comparing Legal Cultures in Europe
3rd Revised Edition
Copyright © 2026 by Vigmostad & Bjørke AS
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3rd edition 2026 / First printing 2026
ISBN: 978-82-450-4892-6
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Preface
Since the publication of the first edition of this textbook in 2017, we have continuously refined its content and methodological approach. The second edition expanded its scope to encompass 15 distinct legal cultures and introduced several foundational chapters. For this third edition, we have chosen a more concise and pedagogically focused format, specifically designed for use as a student textbook.
This edition begins with three chapters on methodology, where we outline the purpose of comparing legal cultures, demonstrate how to systematically explore legal cultures using the Legal Cultural Model (LCM), and explain how to conduct legal comparisons through the COMPASS formula. With this analytical framework in place, we invite the reader to explore and compare the legal cultures of Norway, Sweden, Denmark, Scotland, England, Germany, France and the European Union.
In this edition, we have deliberately limited our focus to European legal cultures, prompting a change in title to Comparing Legal Cultures in Europe. This decision does not reflect a belief that non-European legal cultures are less worthy of study. On the contrary, we firmly believe that the models presented in this textbook are equally applicable to legal cultures beyond Europe. Our selection of jurisdictions was guided by a desire to represent diverse legal traditions and the unique ways in which these traditions are blended within many systems, in particular in West- and Northern Europe.
The inclusion of Scandinavian countries and Scotland was not solely based on our academic affiliations, but rather on their distinctive legal characteristics. We intentionally excluded large and influential jurisdictions such as China and the United States–not because they lack significance, but because we believe that the size of a legal system does not determine its value for comparative study. Each legal order, regardless of its global prominence, possesses unique features that merit attention.
As Thomas Gratiano Kadner aptly observes, some of the most sophisticated legal solutions in areas such as contract and tort law often emerge from smaller jurisdictions rather than dominant ones like England, France, or Germany.1 Studying these major systems alongside more peripheral legal cultures remains important for understanding the
1 Thomas Kadner Graziano (2023), Comparative Contract Law – Exercises in Comparative Methodology, 3rd ed. Eward Elgar Publishing, p. 9: “Indeed, most recent abd modern international contract law instruments do often not follow the traditional solutions known by the main representatives of the ancient legal families, but have chosen more differentiated solutions, which are inspired by those found in smaller jurisdictions.”
foundations of legal traditions, but it also highlights how legal cultures evolve through the interplay of intellectual, ideological, cultural, political, and economic influences.
The contributions contained in the earlier editions have been updated and amended to achieve a higher degree of structural and conceptual coherence. To strengthen the textbook’s pedagogical value, we have also introduced reflective questions and added a brief list of recommended readings at the end of each chapter. Based on years of experience teaching and applying a legal cultural approach to comparative law, both in Norway and abroad, we have continually refined our analytical framework. By adding an institutional element (Constitutional Framework) to the LCM, we aim at highlighting constitutional aspects of contemporary legal cultures, that often determine other key aspects of the legal culture under investigation.
We are grateful to Fagbokforlaget for their immediate interest in publishing this third edition and for their outstanding support throughout the process. Our sincere thanks go to all contributing authors for their dedication and patience. We are pleased to welcome Marius M. Kjølstad to the editorial team. In the final stages of preparation, Andrea Johanne Mietle and Astrid Marie Grov provided valuable assistance, and we extend our appreciation for their contributions.
Marius M. Kjølstad
Sören Koch Jørn Øyrehagen Sunde
Bergen and Oslo, 1st September 2025
7.1
In the present era of internationalisation of law, being able to understand, analyse and compare legal cultures furthers cooperation and enables intercultural communication.
In this book, the editors first theorize and give practical guidance on how to identify, deconstruct and examine legal culture.
Based on a common analytical framework, the editors and a large number of expert contributors explore the legal culture in seven European countries and in addition the legal culture of the European Union. The textbook is designed to provide students with essential knowledge and tools to analyse and compare legal cultures systematically. It aims to provide new perspectives not just on foreign law and legal culture, but eventually to gain a deeper understanding of the readers’ own legal culture and identity.
ISBN 978-82-450-4892-6
